Legal Opinion

Sanderlin v. Luken

Supreme Court of North Carolina

Decided May 30, 1910PublishedCited by 26 opinions

Civil ACTION from Currituck:, beard by consent of parties before Q. W. Ward, J., at chambers, in Elizabeth City on 12 May, 1910. The facts relevant to the controversy and the questions presented for decision are very well stated in the brief of counsel for appellant as follows: “This is a case involving the constitutionality of the act of the General Assembly of North Carolina of 1909, ch. 442, authorizing the establishment of levee or drainage districts; of the validity of…

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Civil ACTION from Currituck:, beard by consent of parties before Q. W. Ward, J., at chambers, in Elizabeth City on 12 May, 1910. The facts relevant to the controversy and the questions presented for decision are very well stated in the brief of counsel for appellant as follows: “This is a case involving the constitutionality of the act of the General Assembly of North Carolina of 1909, ch. 442, authorizing the establishment of levee or drainage districts; of the validity of bonds which the commissioners of a drainage district, purporting to have been established under the act, have contracted…

1Opinion of the Court

Hoke, J.,

after stating the case: The power of the Legislature to create special taxing districts for public purposes, separate and distinct from the ordinary political subdivisions of the State, such as counties, townships, etc., was declared and approved in the case of Smith v. School Trustees, 141 N. C., 143, and like power to create special assessment districts has been upheld by the Court in several well-considered decisions. Asheville v. Trust Co., 143 N. C., 360; Busbee v. Commissioners, 93 N. C., 143; Commissioners v. Commissioners, 92 N. C., 180; Shuford v. Commissioners, 86 N. C.,…

2Cases cited24 opinions

  1. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  2. Johnston v. District of ColumbiaSupreme Court of the United States · 1886
  3. Wurts v. HoaglandSupreme Court of the United States · 1885
  4. Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
  5. Morrison v. MoreySupreme Court of Missouri · 1898

19 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. White v. PateSupreme Court of North Carolina · 1983
  2. Board of Trustees v. WebbSupreme Court of North Carolina · 1911
  3. O'Neill v. Yellowstone Irrigation DistrictMontana Supreme Court · 1912
  4. Drainage Commissioners v. WebbSupreme Court of North Carolina · 1912
  5. Northampton County Drainage District Number One v. BaileySupreme Court of North Carolina · 1990

21 more not listed; retrieve them via the Exa API.

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